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MTR. OF CITY OF N. Y. v. SCHWARTZ

36 A.D.2d 402 (1971)

In the Matter of City of New York, Respondent, v. Archie Schwartz et al., as Assessors of The Town of Fallsburgh, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 13, 1971.

Attorney(s) appearing for the Case

Scheinman & Kalter (Louis B. Scheinman and Michael R. Gottlieb of counsel), for appellants.

J. Lee Rankin, Corporation Counsel (Antonin Tutter, Stanley Buchsbaum and William P. Murray of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT, SWEENEY and SIMONS, JJ., concur.

REYNOLDS, J.

This is an appeal from an order and judgment of the Supreme Court at Special Term, entered in Sullivan County, granting the respondent's petition in a tax certiorari proceeding, instituted pursuant to article 7 of the Real Property Tax Law, to cancel, vacate and annul the 1969 real property tax assessment made by the appellants.

As of June 2, 1952 respondent, pursuant to the "Water Supply Act" (then title K41, now title K51, of the...

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